AN ACT to amend and reenact section twenty-six, article fifteen,
chapter seventeen-c of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to flashing warning
lights on vehicles; and allowing flashing lights on hazardous
material response vehicles, industrial fire brigade vehicles,
Class A vehicles of out-of-state residents who are active members
of West Virginia emergency services, and rural newspaper delivery
vehicles.Be it enacted by the Legislature of West Virginia:That section twenty-six, article fifteen, chapter seventeen-c
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:ARTICLE 15. EQUIPMENT.
§17C-15-26. Special restrictions on lamps.(a) Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps or
flashing front-direction signals which projects a beam of light of
an intensity greater than three hundred candlepower shall be so
directed that no part of the beam will strike the level of the
roadway on which the vehicle stands at a distance of more than
seventy-five feet from the vehicle.
(b) No person shall drive or move any vehicle or equipment
upon any highway with any lamp or device thereon displaying other
than a white or amber light visible from directly in front of the
center thereof except as authorized by subsection (d) of this
section.
(c) Except as authorized in subsections (d) and (f) of this
section and authorized in section nineteen of this article,
flashing lights are prohibited on motor vehicles: Provided, That
any vehicle as a means for indicating right or left turn, or any
vehicle as a means of indicating the same is disabled or otherwise
stopped for an emergency may have blinking or flashing lights.
(d) Notwithstanding any other provisions of this chapter, the
following colors of flashing warning lights are restricted for the
use of the type of vehicle designated:
(1) Blue flashing warning lights are restricted to police
vehicles. Authorization for police vehicles shall be designated by the chief administrative official of each police department.
(2) Except for standard vehicle equipment authorized by
section nineteen of this article, red flashing warning lights are
restricted to ambulances; firefighting vehicles; hazardous material
response vehicles; industrial fire brigade vehicles; school buses;
Class A vehicles, as defined by section one, article ten, chapter
seventeen-a of this code, of those firefighters who are authorized
by their fire chiefs to have such lights; Class A vehicles of
members of ambulance services or duly chartered rescue squads who
are authorized by their respective chiefs to have such lights; and
Class A vehicles of out-of-state residents who are active members
of West Virginia fire departments, ambulance services or duly
chartered rescue squads who are authorized by their respective
chiefs to have such lights. Red flashing warning lights attached
to such Class A vehicles shall be operated only when responding to
or engaged in handling an emergency requiring the attention of such
firefighters, members of such ambulance services, or chartered
rescue squads.
(3) The use of red flashing warning lights shall be authorized
as follows:
(A) Authorization for all ambulances shall be designated by
the department of health and human resources and the sheriff of the county of residence.
(B) Authorization for all fire department vehicles shall be
designated by the fire chief and the state fire marshal's office.
(C) Authorization for all hazardous material response vehicles
and industrial fire brigades shall be designated by the chief of
the fire department and the state fire marshal's office.
(D) Authorization for all rescue squad vehicles not operating
out of a fire department shall be designated by the squad chief,
the sheriff of the county of residence and the department of health
and human resources.
(E) Authorization for school buses shall be designated as set
out in section twelve, article fourteen, chapter seventeen-c.
(F) Authorization for firefighters to operate Class A vehicles
shall be designated by their fire chiefs and the state fire
marshal's office.
(G) Authorization for members of ambulance services or any
other emergency medical service personnel to operate Class A
vehicles shall be designated by their chief official, the
department of health and human resources and the sheriff of the
county of residence.
(H) Authorization for members of duly chartered rescue squads
not operating out of a fire department to operate Class A vehicles shall be designated by their squad chiefs, the sheriff of the
county of residence and the department of health and human
resources.
(I) Authorization for out-of-state residents operating Class
A vehicles who are active members of a West Virginia fire
department, ambulance services or duly chartered rescue squads
shall be designated by their respective chiefs.
(4) Yellow flashing warning lights are restricted to the
following:
(A) All other emergency vehicles, including tow trucks and
wreckers, authorized by this chapter and by section twenty-seven of
this article;
(B) Postal service vehicles and rural mail carriers, as
authorized in section nineteen of this article;
(C) Rural newspaper delivery vehicles;
(D) Flag car services;
(E) Vehicles providing road service to disabled vehicles;
(F) Service vehicles of a public service corporation;
(G) Snow removal equipment; and
(H) School buses.
(5) The use of yellow flashing warning lights shall be
authorized as follows:
(A) Authorization for tow trucks, wreckers, rural newspaper
delivery vehicles, flag car services, vehicles providing road
service to disabled vehicles, service vehicles of a public service
corporation and postal service vehicles shall be designated by the
sheriff of the county of residence.
(B) Authorization for snow removal equipment shall be
designated by the commissioner of the division of highways.
(C) Authorization for school buses shall be designated as set
out in section twelve, article fourteen, chapter seventeen-c.
(e) Notwithstanding the foregoing provisions of this section,
any vehicle belonging to a county board of education may be
equipped with a white flashing strobotron warning light. This
strobe light may be installed on the roof of a school bus not to
exceed one-third the body length forward from the rear of the roof
edge. The light shall have a single clear lens emitting light
three hundred sixty degrees around its vertical axis and may not
extend above the roof more than six and one-half inches. A manual
switch and a pilot light must be included to indicate the light is
in operation.
(f) It shall be unlawful for flashing warning lights of an
unauthorized color to be installed or used on a vehicle other than
as specified in this section, except that a police vehicle may be equipped with either or both blue or red warning lights.